Joan Mitchel Foundation And Luis Vuitton, Potential Lawsuit

Unauthorised use of the American abstract painter’s work in a Louis Vuitton advertising campaign prompts legal action. According to the New York Times , the Joan Mitchel Foundation was approached twice by the fashion brand to use the paintings as a backdrop to sell a range of handbags. On the second occasion a representative for …

Jury Sides With Hermès in MetaBirkins NFT Lawsuit

One of the most heard of NFT-related trademark lawsuits in the US resulted in a triumph for luxury brand Hermès against artist Mason Rothschild, whose “MetaBirkins” NFT project sought to dilute the luxury brand’s trademark. In the Southern District Court of New York, a jury sided with Hermès and found that Rothschild’s NFTs failed a …

Andy Warhol Foundation v. Goldsmith, More Fair Use Before SCOTUS

All eyes were on SCOTUS yesterday as the court heard arguments in the Warhol Prince case. I always look forward to copyright judgments from this court. This is another case on the application of the fair use doctrine or what I endearingly call, the \”whatever-you-can-get-away-with doctrine\”. Andy Warhol Foundation for the Visual Arts Inc. v. …

Galaxy Report On NFT Rights; What About Web3 to Web2 User Generated Content

For some reason, many people still believe that buying an NFT gives them ownership over intellectual property in original works. The Galaxy Report may have found the culprit of this widespread misconception: intentional misrepresentation. As if you didn\’t know that buying an mp3 doesn\’t give you IP rights to the song encoded in it. You …

Miramax and Tarantino Lawsuit To Clarify NFT Rights

Since last year\’s NFT craze, it is customary to mint unique NFT\’s from original storylines and film characters as cross promotion of new and upcoming films. However, misconceptions around NFT rights (being seen as a new form of intellectual property which they aren\’t), has given some individuals impetus to mint pre-existing IP rights that don\’t …

Fair Use Doctrine: Pablo Picasso Copyright Case Reversed

In the latest high profile case involving alleged fair use of Pablo Picasso’s work in a book on the subject, The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling deeming French court’s judgment in that matter was unenforceable under U.S. law. The case is notable for the …

Metaverse Fashion Week 2022 and What on Earth Are NFTs?

The Jonathan Simkhai Online Store features both virtual and regular designs. My last post on the metaverse turned into a 3000 word paper, but we only covered part of the foundation of the metaverse. I\’ll take the opportunity in this post to discuss non fungible tokens (NFT). Take a deep breath. We saw that the …

Meet Me In The Metaverse, Anatomy of WEB 3.0

Being is not what it seems – Nor non-being – The world\’s existence is not in the world – Rumi Illuminated – What is the Metaverse? Facebook has very little to do with the metaverse. The most prevalent myth about the metaverse is that it is about Facebook. However, the metaverse is a reality born …

Augmented Reality Art Exhibitions

Featured Image: Drawing Constellations by Will Pappenheimer, in collaboration with Zachary Brady. Drawing Constellations is an interactive drawing, installation, and app that uploads drawings to a constantly moving and evolving 3-dimensional “constellation” situated within and outside of the gallery. Upon creating a drawing on a tablet, the user’s drawing is then transferred into 3D augmented …